7.2 Annex Quail Meadows
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
7/19/04
TIME
4:00P.M.
AGENDA SECTION
NO:
7
ORIGINATING DEPARTMENT:
DEAN AN DREW
PLANNING AND COMMUNITY
DEVELOPMENT
APPROVED FOR
AGENDA:
ITEM
NO.
Page 1
Item
2
BY:
BY:
Application #A04-3 filed by Quail Meadows Property, Inc., requesting annexation of a 76.14 acre
tract of land located at the northwest corner of Schilling Road and Ohio Street.
Nature of Request
The applicant (Stan Byquist) is requesting annexation of a 76.14 acre tract of vacant agricultural
land that is contiguous to the existing city limits in order to obtain full municipal services for a
proposed residential and commercial development. Companion applications have been filed for R-
1, R-2 & C-1 zoning and preliminary plat approval for a proposed residential subdivision to be
known as Quail Meadows Estates on the West 57.86 acres of this property. This 76.14 acre tract is
currently divided into three (3) ownership parcels owned by Quail Meadows Property, Inc., Stan
Byquist and James R. Caywood. The two nine (9) acre parcels along Ohio Street owned by Stan
Byquist and James Caywood are not included in the Quail Meadows plat at this time but are
included in the annexation request. They would retain their Agricultural zoning designation until a
plat for the Ohio frontage is filed.
Availability of Water and Sewer
The annexation request area can not be completely served by the city's current utility system. A
major water line improvement project needs to be completed to make this site fully developable.
The City has worked with Wilson & Co. to develop a utility and drainage master plan for the Liberty
Addition south of Schilling Road. The recommended utility improvements also benefit this property.
1.
lmProvements to the City's Water Distribution System
The installation of a new 12" water line connecting to the existing 16" line near the intersection
of Magnolia Road and Ohio Street, the extension of a new 12" water line along the west side of
Ohio Street south to Schilling Road, the extension of a new 12" water line west along the north
side of Schilling Road to the Union Pacific Railroad tracks and connection to the existing system
on the west side of the Union Pacific Railroad is proposed. This looped water system must be
in place to allow any development at the northwest corner of Schilling and Ohio that requires
more than 1 ,000 gpm of fireflow.
The cost of installing this looped water system will be financed up front by the City's Water Utility
with those costs recovered through a Capital Cost Recovery Charge. Benefiting properties along
Ohio Street and Schilling Road will be charged their proportionate share of the equivalent cost of
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
7/19/04
TIME
4:00P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR
NO: 7 DEAN AN DREW AGENDA:
PLANNING AND COMMUNITY
ITEM DEVELOPMENT
NO. 2 BY: BY:
Page 2
a 6" water line. A "benefit area" will be established and the proportionate share of each
benefiting landowner will be based on the acreage of the benefiting property that can be served
by this line. This fee will be collected at the time of final platting for residential lots but could be
collected at the time a building permit is issued for large commercial lots unless the governing
body approves an alternate payment plan.
lmProvements to the City's Sanitary Sewer System
2.
The City of Salina has adequate capacity in its existing sanitary sewer system to accommodate
development of this 76.14 acre tract. The city's interceptor sewer line runs east-west along the
northern boundary of this tract and is adequate in depth and capacity to serve the annexation
area.
The applicant will be responsible for extending needed utility lines (both water and sewer) into the
remainder of the site to serve individual building lots. The layout and design of these internal
improvements will be resolved during the platting process.
Draina~
This property would be subject to the Schilling Road Ditch Capital Cost Recovery Charge because
runoff from this property would drain south directly into the Schilling Road Ditch. The drainage fee
would be $.129/cu. ft. of additional runoff. "Additional runoff" means the difference between the
volume of stormwater runoff that comes off the property today in its agricultural state and the amount
of runoff generated by this property upon full development (see attached Benefit Area map.)
Street Access and Improvements
Schilling Road between the Union Pacific Railroad tracks and Ohio Street was rebuilt in 1997.
Abutting properties were not assessed for the cost of the road at that time. Therefore, this property
would be subject to a Capital Cost Recovery Charge for that reconstruction. The charge is set at
$.0376/sq. ft. of land area or $1 ,638/acre.
This fee or charge must be paid to the City prior to the development of any land subject to the
Capital Cost Recovery Charge. The charge is applicable to the square footage or acreage within the
tract that is being developed. For purposes of the Capital Cost Recovery Charge, "development"
shall mean either final approval of a subdivision plat by the City, or, if approval of a subdivision plat
by the City is not required for any reason, then upon the first to occur of either annexation of the
property into the corporate limits of the city or connection to the water or sewer system of the City.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
7/19/04
TIME
4:00P.M.
AGENDA SECTION
NO:
7
ORIGINATING DEPARTMENT:
DEAN AN DREW
PLANNING AND COMMUNITY
DEVELOPMENT
APPROVED FOR
AGENDA:
ITEM
NO.
Page 3
2
BY:
BY:
When the public interest is served by a reasonable delay in payment of the lump sum Capital Cost
Recovery Charge, the governing body may approve an agreement with the owner specifying when
the lump sum payment shall be made and any other relevant terms or conditions.
As a result of being subject to the Capital Cost Recovery Charge, property within the Benefit Area
shall neither be specially assessed nor required to pay a charge or fee in conjunction with the future
reconstruction of Ohio Street (see attached Benefit Area map.)
The applicant will be responsible for extending public streets from Schilling Road and Ohio Street
into the site to serve individual building lots. The future street layout will be determined during the
platting process.
Schilling Road and the Schilling Road Ditch were annexed into the city into 1999 and both are
owned and maintained by the City. Saline County currently has ownership and maintenance
responsibility for Ohio Street along the eastern boundary of this tract and Ohio Street is not included
in the 76.14 acre annexation request area. This section of Ohio Street was not constructed to city
street standards and is scheduled for reconstruction and widening in 2008 as a KDOT funded
project.
Other Utilities
This 76.14 acre tract is within Westar Energy's service territory for electric service and is not part of
any rural water district so there are no franchise issues or district boundaries that would need to be
adjusted as a result of annexing this property into the city. A natural gas line is located 1,100 feet
away on Schilling Road near the entrance to Bergkamp's. This line was extended under the railroad
tracks to serve the Kennedy and Coe site which would bring it closer to this property.
Macent Properties
The Bonnie Ridge Addition was annexed into the city in 1963. The 146 acre Liberty Addition south
of Schilling Road was annexed last year. However, the Union Pacific railroad tracks and right-of-
way abutting the Liberty Addition and this property has never been annexed and the City is initiating
the annexation of that section of track down to Water Well Road. The agricultural land on the east
side of Ohio Street is located in unincorporated Saline County but is viewed as a future annexation
area.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
7/19/04
TIME
4:00P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR
NO: 7 DEAN AN DREW AGENDA:
PLANNING AND COMMUNITY
ITEM DEVELOPMENT
NO. 2 BY: BY:
Page 4
Emergency Services
Annexation of this property would mean that the City of Salina Fire Department would be responsible
for providing EMS service and fire protection to the subdivision. Emergency response would be from
Station #3 on Belmont Boulevard. This property is contiguous to areas that are within the existing
city limits and already receive City police and fire protection.
Comprehensive Plan
The city's adopted land use plan shows this area as appropriate for low-density residential
development and as a Primary Service Area for extension of city services. The Planning
Commission recommended that the land use plan be amended to show a portion of the Schilling
Road frontage and all of the Ohio Street frontage as commercial office. In addition, the following
development policies contained in the Comprehensive Plan document are relevant to this
annexation request:
A2
Annexation will be required before facilities and services are provided to any size, except for
industrial uses which shall consent to future annexation.
R14
No new residential development should be permitted until adequate water and sanitary sewer
service are provided. Every effort should be made to discourage growth in locations where
provision of these services are not available or planned as part of the City's future urban
service growth areas.
A7
The City will assist property owners and developers in Primary Service Areas in taking
positive steps toward annexation under the presumption that annexation is in the best interest
to property owners as well as to Salina as a community. Assistance includes, but is not
limited to, dissemination of City plans and information regarding annexation and making
available City staff resources to assist in the coordination of annexation matters.
Planning Commission Recommendation
The Planning Commission reviewed this annexation request at its July 6, 2004 meeting. The
Planning Commission voted 5-0 to recommend that the subject property be annexed into the
corporate limits of the city.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
7/19/04
TIME
4:00P.M.
AGENDA SECTION
NO:
7
ORIGINATING DEPARTMENT:
DEAN AN DREW
PLANNING AND COMMUNITY
DEVELOPMENT
APPROVED FOR
AGENDA:
ITEM
NO.
Page 5
City Commission Action
2
BY:
BY:
If the City Commission concurs with the recommendation of the Planning Commission as to this
petition for voluntary annexation, the attached annexation ordinance should be approved on first
reading. Second reading would be held in abeyance until the terms of an Annexation Agreement are
finalized.
Encl: Application
Vicinity Map
Schilling Road Ditch Cost Recovery Area
Schilling Road Cost Recovery Area
Excerpt of PC Minutes 7/6/04
Ord No. 04 - 10216
cc:
Stan Byquist
James Caywood
Ken Wasserman
.,
Heari ng Date ---Tl1llP 1, r 7004
Application No.
". .
IIA04-3
Vicinity ~1ap.
KG
Filing Fee
N/A
Date Filed
May 7,2004
Receipt No.
.APPLI CATION FOR ANN,EXATION
1.
Applicant's Name
Address
Stan Byquist and James Caywood
(Phone) ~81)-6n7-2241 .
2.
General Location of Property
Northwest corner of Schilling Road and Ohio
Street
3.
Legal Description of Property (Attach additional sheets if necessary)
e
3W of the 6th PM in Saline County, Kansas
-
4.
5.
Size of property to be annexed (sq. ft. or acreage)
76.14 acres
List reason(s) for applying for annexation
Extension of City utilities and services
to ~Qr\7e a new re~idiintial ~11b.d.i-uiiion 1;vi.th. ¡owe o:f..fi<,~ d~uelopm~nt along 5<,bi.l1ing
Road.
.
6. Present . (Saline County) AG (A.gricultural) Use Cultivated field
zonlng
,.
7. Proposed zoning if annexed A-1, R-1, R-2 and C-1
8. Number of persons residin9 on property to be annexed ~O-
In ~ubmitting this application I do hereby request the Salina City Planning
Commission to consider the above described property for inclusion within the
corporate limits of Salina, Kansas.
Applicant's Signature
~elt14
If the applicant is to be represented by lega'l counselor an authorized agent, please
complete the following in order that correspondence and communi.cations pertaining to
this application may be forwarded to the authorized individual.
Name of Representative
Address
Telephone (Business)
, '
~
"
April 27, 2004
City of Salina, Kansas
Mr. Dean Andrew
Director 0 f Planning
and Community Development
Fax # 785-309-5713
Mr. Andrew:
Stan Byquist has my power of attorney to proceed on annexation, zoning and platting on
my 40 acres of ground on the northwest comer of Shilling Road and Ohio Street in Salina
County, Kansas.
Sincerely,
r:.: - ~'. " .
~ ;;"l:Jo\ ~ C J ..... ~ ...,; J"" ~ .. ;¡ ~ \...ai f"¡ tA . S
CERTIFJCA TE OF ACKNOWlEDGMÐ~T
A 1T ACHED HERETO
cc: Stan Byquist
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EXCERPT OF MINUTES - APPLICATION #AO4-3
SALINA CITY PLANNING COMMISSION
CITY COMMISSION ROOM
JULY 6,2004 4:00 PM.
MEMBERS PRESENT:
Britton, Hass, Hedges, Krug and Simpson
MEMBERS ABSENT:
Funk, Ramage and Yarnevich
DEPARTMENT STAFF:
Andrew, Burger, Cooper, Fisher, Johnson, Koepsel and O'Leary
#4.
Application #A04-3 filed by Quail Meadows Property, Inc., requesting annexation
of a 76.14 acre tract of land located at the northwest corner of Schilling Road
and Ohio Street (Continued from June 15, 2004).
Mr. Andrew gave the staff report which is contained in the case file.
Mr. Britton asked are there any questions of staff?
Mr. Hass asked Dean you mentioned that the whole water line has to be in place
before any development occurs?
Mr. Andrew stated we don't know that yet. I think the applicant is still working
with their engineer to determine if there are areas that could be developed. I
think based on the phasing plan, if they can get a thousand gallons a minute
over in the southwest and northwest corners, they could do that without
completion of the loop. But if you are talking about any kind of office
development or multi-family along Schilling Road and certainly future
development along Ohio, that simply can't be done without completion of this
loop.
Mr. Britton asked Shawn or Brad we have a lot of impact fees on this site already
and I understand that this is about to go out for bids so obviously we don't have
a final cost on that project, but this is going to be another impact fee on that site,
but will that impact fee, we talked real briefly earlier, if the northwest corner of
that property does not need, or has enough water at a 1,000 gpm to be built
without will that impact fee flow into this property or is that something still has
required some study?
Mr. O'Leary stated we are reviewing that Mr. Chairman, in fact there are really
two issues I understand with the project. We have been ready to go for months
and we need an easement from these two property owners, Mr. Byquist and Mr.
Caywood along Ohio Street and they have been hesitant to dedicate that to us
because of this issue and we have essentially committed to them that if they can
prove that the northern portions of the property can be served by existing
systems that they would be excluded from the impact area or the benefit district
and those remaining fees would be allocated to the properties. We are still
Salina Planning Commission
July 6, 2004
Page 2
awaiting that material from Earles Engineering as I understand. Our initial
review of that from a hydraulic standpoint is that very little if any of the property
can be developed without that major water line on Ohio and Schilling, but it is
possible that you could extend part of that system from Linda Lane and Melanie
Lane down into the northern portions and exclude part of that. Again the ball is
in their court, we are awaiting the dedication of the easements and the
engineering review on the impact area until we can finish our portion of the work.
Mr. Hass asked so Shawn you are saying that the bid may not be let if they can
prove to you? Or will that go forward irrespectively?
Mr. O'Leary stated it will go forward. Our only hesitation in not doing it before
now is the need for easements. We are not able to build the pipeline as we have
designed it without the dedication of easements from this development group
and that has not occurred yet and that has been the hold up on the water line
project.
Mr. Britton asked but the $160,000 that alluded to, whatever potential impact
fees are coming from this water line are not in that total?
Mr. Andrew stated I did include the water in there based on the $170 an acre
estimate that we have that that cost would be spread. It is correct that until the
project is actually bid and constructed you wouldn't know the answer to that but
that $150,000 to $160,000 total included a potential impact fee for water.
Mr. O'Leary stated that gets us in the ballpark. Again it is always a math
problem, not so much our concern, the bid units, as I mentioned if you take out
part of that benefit area and allocate that to the remainder, their price goes up
and the other price goes down so it is really hard to fix those numbers until we
know what the magnitude of the benefiting area ultimately is.
Mr. Britton asked are there further questions of staff? Hearing none are there
members of the public that would like speak to the annexation of this tract of
land?
Mr. Wasserman stated we met with the City on June 11,2004 along with the City
Manager and it was our understanding and maybe we misunderstood that we
agreed to provide the easements. We knew that we had to work out the
allocation of the Benefit District and we were waiting for a letter from Mr.
Kissinger in that regard and we received it about June 25, so we are in the
process of working on that right now and should have that completed very
quickly. If we are to prepare the easements we will certainly be happy to do that,
we simply thought that they were being prepared by the City since they know
where they want them and how wide they need to be etc. But we are prepared
to sign those and we certainly would request that this annexation be favorably
considered.
Mr. Johnson stated we had to revise those here at the last minute and so those
either went out Friday or today, the easement documents for signature.
Salina Planning Commission
July 6, 2004
Page 3
Mr. Britton asked are there any other members of the public that would like to
speak to this? Hearing none I will bring it back to the commission for discussion
and possible action.
MOTION:
Mr. Simpson moved to recommend that the subject property be annexed into the
corporate city limits.
SECOND:
Mr. Hedges seconded the motion.
VOTE"
Motion carried 5-0.